SEKUNDARNA VIKTIMIZACIJA ŽRTAVA NASILJA U PORODICI U BOSNI I HERCEGOVINI
SECONDARY VICTIMIZATION OF VICTIMS OF DOMESTIC VIOLENCE IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The paper deals with some issues of reform of the system of protection of victims of criminal offenses and especially victims of domestic violence in Bosnia and Herzegovina, in the context of consistent implementation of both the Istanbul Convention and the 2012 European Union Recommendation on minimum protection, support and assistance to victims of crime (PUP, 2012). The starting point are researches that had found that victims of domestic violence in Bosnia and Herzegovina were denied access to justice. Namely, after filing a report on domestic violence, the police can but is not obliged to inform the prosecutor about it - until it gathers enough evidence and assesses that it is a criminal offense. Secondary victimization of victims of domestic violence in Bosnia and Herzegovina is also done through misclassification of domestic violence as a misdemeanor, and not as criminal offense, but also through failure to conduct a criminal investigation in accordance with the law. Marginalization of victims of domestic violence is done through mild punishment of the perpetrators, and through denial of the victim's right to restitution. The victim of domestic violence has the right to be taken care of in a safe house in order to ensure his physical protection and exercise his rights and interests, which may be his secondary revictimization. In this regard, the victim did not violate the law, but the abuser who should be removed from the family home because he endangered the safety of psychophysical integrity of his family members. Therefore, the abuser should be imposed a measure prohibiting approach to the victim, until the verdict is pronounced, but also measures of psychosocial treatment, and, depending on the circumstances of the case, treatment for addiction such as alcohol, drugs and similar.

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